16 58 2003 indicating that the budget had not been incorporated. Additionally, on September 3, 2003, the Pro-Improvement Civic Association of the Community communicated to the INA that despite the agreements reached with the occupants of the Rio Miel area and the INA, ladinos were continuing to log the forests and sell off Garifuna land to third parties and, therefore, it requested that a field inspection be 59 conducted to verify the new problems. 71. Notwithstanding, the evidence in the case file and the consistent statements made by the 60 parties indicate that, despite numerous efforts, compensation was not paid by the INA. On this score, the State reported that “the item was never incorporated into the budget of the institution [INA] for the 61 compensation and clearing of the title of Punta Piedra and, therefore, said compensation was not paid.” 72. As indicated in the information provided by the parties, state officials subsequently took further steps with the settlers of Rio Miel in order to update the assessment. In fact, from November 30 to December 3, 2006, INA officials and the Office of the Attorney General of the Republic reached out to the 62 community of Rio Miel to conduct a re-assessment of the improvements made by it, which it opposed. 63 Similarly, on March 14, 2007, a meeting of an Inter-Institutional Commission was held with the Mayor of the City of Iriona Puerto and representatives of the peasant community of Rio Miel, where these representatives expressed their opposition to updating the assessment made in 2001. On that occasion, it was agreed “[to continue] with the effort and necessary steps in order to find new common ground with the residents of both communities to make it possible to reach a consensus on options for solving the 64 problem in a balanced way.” 58 Annex 15. Letter sent by the Minister Director of the INA to OFRANEH dated May 26, 2003. Annex to the initial reply of the State of March 25, 2004, received on March 31, 2004. 59 Annex 16. Letter sent by the Pro-Improvement Civil Association of the Community to the Minister Director of the INA dated September 3, 2003. Annex to the initial reply of the State of March 25, 2004, received on March 31, 2004. In this regard, the records before the IACHR show that, on September 10, 2003, the Minister Director of the INA issued instructions to the Regional Chief in order for him to conduct an in locu investigation; nonetheless, no evidence is before the IACHR of such an investigation actually being conducted. Annex 10. Communication addressed by the Minister Director of the INA to the Regional Chief for Bajo Aguan dated September 10, 2003. Annex to the initial reply of the State of March 25, 2004, received on March 31, 2004. 60 See Annex 15. Letter sent by the Minister Director of the INA to OFRANEH dated May 26, 2003. Annex to the initial reply of the State of March 25, 2004, received on March 31, 2004. In this regard, Edito Suazo Avila, President of the Civic Association of the Community of Punta Piedra stated at the public hearing before the IACHR: “We asked the government for money to fix the problem, the Congress accepted granting the money and handed it over to finances and they [handed it over] to the INA so that the compensation would be paid, we are still waiting for the INA and it never arrived. We went back and asked again and they said that they had used it to pay their workers [and] that is why we are here today, because of all of these abuses.” IACHR, Public Hearing of March 7, 2006 in re “Petition 1119/03 – Garifuna Community of Punta Piedra, Honduras,” 124th regular session of the IACHR. Testimony of Edito Suazo Avila. Additionally, the State asserted that “[…] the item was never incorporated into the budget of the institution for the compensation of Punta Piedra, which is why said compensation has not been paid.” Initial reply of the State of March 25, 2004, received on March 31, 2004 and submission of observations on the merits from the State dated October 13, 2010, received by the IACHR on the same date. Also see Annex 3. Public statement of OFRANEH of June 12, 2007. Annex to the submission of the petitioner of June 12, 2007, received by the IACHR on June 14, 2007; and observations on the merits from the petitioner dated September 8, 2010, received by the IACHR on September 27, 2010. 61 Submission of the observations of the State on the merits dated October 13, 2010, received by the IACHR on the same date. 62 Annex 18. Memorandum submitted by the Agronomic Investigation and Assessent Section to the Minister Director of the INA dated December 5, 2006. Annex to the submission of the State deated April 19, 2007, received by the IACHR on April 23, 2007. 63 Based on the information provided, the creation of said Inter-Institutional Commission was decided at a meeting held on February 20, 2007 between representatives of the INA, SERNA, the Office of the Attorney General of the Republic, the Secretariat of the Interior, Office of the Special Prosecutor for Ethnic Matters and the Punta Piedra Community. Annex 19. Aide-memoire of February 20, 2007 regarding “Issues Punta Piedra Garifuna Community.” Annex to the submission of the State on the merits dated October 13, 2010, received by the IACHR on the same date. 64 Annex 20. Special agreement of March 14, 2007. Annex to the submission of the State dated April 19, 2007, received by the IACHR on April 23, 2007.

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